The parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present framework Convention.

• Narrative

From the jurisdiction of the Ministry of Public Administration

As in other contemporary democracies, the Croatian Constitution includes and reinforces basic human rights and freedoms, determines essential questions regarding inter relations between governmental institutions of the Republic of Croatia, and among other things establishes the elements of the system of local self- government.

The main principles of local self- government in the Republic of Croatia are defined and established in the sixth chapter of the Constitution under the title "The Law on Local Self- Government and Administration". The right guaranteed by the Constitution to self- government, includes the right of every citizen to make decisions based on their needs and interests on the local level, especially the right to make decisions concerning the renovation of residential areas and urban planing, neighborhood facelift on communal activities, regarding matters concerning the care for children, welfare, cultural matters, physical activities, sport and technical culture and the protection and improvement of the environment.

The Constitution of the Republic of Croatia regulates that in accordance with the Law, units of self-government can be municipalities, districts or cities but requires the opinion of citizens on this subject. The procedure is the same for any subsequent changes.

The area of a district as a local self- governing unit is defined by the law as a combination of historical, transportation and economic factors shaped into a unique natural and social environment within the territory of the Republic of Croatia. The Constitution does not require the opinion of its citizens in defining its area.

The basic provision which regulates the new district organization of the Republic of Croatia is the Law on District Areas, Cities and Municipalities in the Republic of Croatia, which was passed on December 30, 1992. It went through a number of amendments. During the deliberations on the district organization utmost thought was given to respecting the homogenous of the area in which national minorities are the majority. For instance, while establishing new municipalities or cities extra care was taken to ensure that those which are inhabited by national minorities stay undivided and part of the same municipality or city after the reorganization. In that way it was possible to preserve the cultural, historical and every other form of national identity, and the will of the citizens and their connection to earlier gravitational centers. According to the law citizens give their opinion on matters of territorial organizing, which was done in this case to in different forms, including an advisory referendum.

The territorial organization was revised before the second local elections in the Republic of Croatia by passing the Law on the Territories of Counties (Zupanije), Cities and Municipalities in the Republic of Croatia. The law was passed by the House of Representatives of Croatia on January 17, 1997, and published in "The National gazette" No. 10/97, on January 30, 1997 and went into effect on February 7, 1997.

The Law from 1997 founded a large number of new municipalities, primarily those whose economic, financial, transportation development and human resources enabled them to function independently and execute all legislated regulations and obligations which they have as a unit of local self- government, according to regulations of the Republic of Croatia. A number of Municipalities, mostly those that did not start functioning in the period 1992 to 1997, were canceled by the new Law in agreement with the will of the majority and the electoral bodies,

• Legal

The Constitution of the Republic of Croatia

Article 129.

In agreement with the law, units of local self-government can be municipalities, districts or cities. Their area is determined by law after acquiring opinions from the population in that area.

The organization and scope of activities of the bodies of local self- government are defined by their statute in accordance with the law.

Citizens can actively take part in governing in local activities, in accordance with the law and statute of the local self- government organization.

Citizens have the right, in accordance with the law, to form other types of local self- government organizations in municipalities, districts or cities or in parts of municipalities, districts or cities.

• State Infrastructure

From the jurisdiction of the Ministry of Public Administration

Only the House of Representatives of the Croatian Parliament can decide on changes in the area of local units- municipalities, cities or districts.

According to the law changes in the area can be proposed by representatives of the House of representatives and the working bodies of the House, the Chamber of Counties of the Croatian House of Representatives, and the Government of the Republic of Croatia. Each adviser of changes has to abide by the constitutional obligation and provide the opinions of the local population before initiating changes. Due to that it is possible to ensure, among other things, respect for the homogenous territorial spread of the national minorities, respect for their traditional, historical and cultural achievements and characteristics, and to insure better realization of other rights of national minorities.

• Policy

From the jurisdiction of the Ministry of Public Administration

The Republic of Croatia is committed to respecting the rights of the minorities and to insuring the implementation of cultural, social, economic and other rights of national minorities, which is also clear from the way areas of local units in which the minorities live are determined. The Decision of the Constitutional Court of the Republic of Croatia (No. U-I- 103/1997) from March 31 1998, published in "The National Gazette" No. 50, from April 8, 1998, is of extreme importance.

The above mentioned Decision of the Constitutional Court canceled part of the legislative provision of Article 9 of the Law on the Territories of Counties, Cities and Municipalities in the Republic of Croatia from 1997 concluding that the process of obtaining and determining opinions of the population which came before the territorial changes were made was in contradiction with the provisions of Article 129 of the Constitution of the Republic of Croatia, and the provisions of Articles 9 and 10 of the Law on the Territories of Counties, Cities and Municipalities in the Republic of Croatia from 1992. The need determined by the Constitutional Court of the Republic of Croatia is of great importance for insuring respect of the Constitutionally regulated obligation on acquiring the opinions of the population, when planning changes or making changes in territorial local units.

• Factual

From the jurisdiction of the Ministry of Public Administration

The Republic of Croatia is divided into twenty counties and the City of Zagreb, the capital city with a special status.

In side the borders of the counties there are 420 municipalities and 121 city, in agreement with the Law on the Territories of counties. Cities and Municipalities in the Republic of Croatia.